Credibility of eyewitness testimony and prompt filing of FIR are crucial in establishing guilt beyond reasonable doubt.

This appeal has been preferred against the judgment and order dated 11. 7. 2002 passed by the then Sessions Judge, Almora in Sessions Trial No. 15 of 1997, State v. Pooran Singh, whereby the appellant has been convicted and sentenced to undergo rigorous impris onment of three years under section 326, Indian Panel Code, 1860 (for brevity as I. P. C ).

2. Brief facts of the prosecution case are that on 21. 7. 1994 at about 11. 30 a. m. , injured Bache Singh had gone to graze his animals to the forest. In the meantime, the animals of one Jeet Singh of his village en tered the field of informant Alam Singh to graze the crops of the informant. Bache Singh, son of informant Alam Singh on the call of his mother went to his field to drive the animals out. When Bache Singh was ousting the animals, the appellant Pooran Singh, s/o Jeet Singh gave a blow by sickle (Gandasa) on his neck from the back side resulting serious injury upon his neck. The parents of the injured-Bache Singh im mediately rushed to the place of incident. Thereafter, a report was lodged by infor mant Alam Singh with Patti Patwari Dhansyari on the same day, i. e. 21. 7. 1994 at about 1 p. m. The distance between the place of occurrence and the revenue police chowki is about 4 kms. The matter was in vestigated by In-charge-Kanoongo Rajendra Singh Negi PW 3. After recording the statement of the witnesses under section 161 Cr. P. C. and preparing the necessary documents during investigation as re quired, he submitted the charge-sheet Ex. Ka-4 against the accused appellant under section 307/326, I. P. C.

3. After submission of charge-sheet, the accused/appellant was committed to the Court of Session for trial and the Trial Court framed charge under section 307, I. P. C. against the accused/appellant. The accused/appellant denied the charge lev elled against him and claimed his trial.

4. The prosecution in support of its case examined Khimuli Devi PW 1, mother of injured-Bache Singh. She is the eye witness of the incident. Bache Singh PW 2 is the injured eye-witness. He has narrated the entire story. In-charge Kanoongo, Rajendra Singh Negi PW 3 is the Investigating Officer of the case who has submitted the charge-sheet Ex. Ka-4.

5. The accused-appellant was ex amined under section 313, Cr. P. C. and he has pleaded not guilty to the offence. He has further stated that he has been falsely implicated in this case.

6. The learned Sessions Judge, after appreciation of the evidence and hearing the parties convicted the appellant and sentenced him as indicated above.

7. I have heard the learned Counsel for the parties and perused the record.

8. At the outset, it needs to be men tioned here that there is no dispute that injured-Bache Singh PW2 sustained injury on his neck on 21. 7. 1994 at about 11. 30 a. m. Dr. M. S. Bora Medically examined injured- Bache Singh PW2 and found the following injury on his person:

(i) An incised wound on left side of neck 6. 6 cm. x 3 cm. x 2. 5 cm. deep. Its anterior end was 2. 5 cm. below and backwards from left ears lobe and posterior end was 9. 0 cm. backwards to left ear lobe. Margins were clean cut, wound was spindle shaped. Fresh bleeding was pres ent.

9. According to the opinion of Dr. M. S. Bora, the injury was grievous in na ture, caused by sharp cutting instruments edge and the injury was fresh in nature. The doctor prepared the injury report Ex. Ka-5. The defence has admitted the genu ineness of the injury received by the in jured. Thereafter, the doctor has submitted a supplementary report Ex. Ka-6 on 1. 8. 1994. As such, the doctor was not exam ined before the Trial Court. As per the supplementary report, the injury was not dangerous to life. It was further opined by the doctor that the injury could have been caused on 21. 7. 1994 at 11. 30 a. m. by Gandiasa (a sickle ). There is ocular testimony of Khimuli Devi PW 1 and Bache Singh PW2 that Bache Singh PW2 sustained the afore said injury on 21. 7. 1994 at about 11. 30